Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • MACTHEKNIFE
    • By MACTHEKNIFE 22nd Nov 17, 6:53 PM
    • 4Posts
    • 2Thanks
    MACTHEKNIFE
    Highview Parking PCN ANPR at Norwich Riverside Retail Park twice on the same day
    • #1
    • 22nd Nov 17, 6:53 PM
    Highview Parking PCN ANPR at Norwich Riverside Retail Park twice on the same day 22nd Nov 17 at 6:53 PM
    I was wondering if anyone could help with this. I have received two charge notices from Highview Parking for the Riverside Retail Park car park A & B in Norwich on the same day. The driver of the vehicle believed the maximum stay was 3-hours rather than as I now believe 2.5 hours. Both charge notices are for a duration of 2.58 hours. The evidence provided by Highview in the Charge Notice for both is basis ANPR of the car entering and leaving the car parks rather than actually in the parking pay and therefore no evidence of the duration of the parking is provided. There was no penalty notice attached to the car in either case.
    The incidents occurred on 8th August 2017 and the date of the notice is 20th November 2017 (over 100 days ~3.4 months after the event). The notices arrived 22nd November 2017. Therefore the notices arrived well outside 14-days which I understand is significant. As its such a long time after the event I will not be able to provide any receipts relating to any purchases made in Norwich on that day and as they would have been cash payments there are no bank/credit card statements to show any purchases made.
    The car is owned by the individual to whom the charge notices were sent and is not a rental vehicle. Highview have not been advised who the driver of the car was (nor will they). It is unclear if the driver could be identified from the photographs provided in the Charge Notice.
    The charge notice makes reference to the landmark Supreme Court ruling of Parking Eye v Beavis. Im not sure if this makes it any different from other PCNs or is just there to intimidate people to make it seem like Highview know what they are doing.
    Highview do not own the car parks in question, apparently Savills PLC are the owners. These car parks are different to the Morrisons Riverside car park.
    What is the best way to appeal these charge notices as I have until 4th December before the charge is apparently increased from 40 to 70.

    Thanks very much in advance
Page 1
    • KeithP
    • By KeithP 22nd Nov 17, 7:06 PM
    • 4,783 Posts
    • 3,129 Thanks
    KeithP
    • #2
    • 22nd Nov 17, 7:06 PM
    • #2
    • 22nd Nov 17, 7:06 PM
    There is no way the driver can be identified from the photographs.

    Have a look at other Highview threads posted today and you will find a sure fire way of getting rid of this.

    What does it matter that the charge goes from 40 to 70?
    Surely you are planning on paying nothing.
    .
    • Redx
    • By Redx 22nd Nov 17, 7:22 PM
    • 16,936 Posts
    • 21,065 Thanks
    Redx
    • #3
    • 22nd Nov 17, 7:22 PM
    • #3
    • 22nd Nov 17, 7:22 PM
    HIGHVIEW again !!

    read this thread

    http://forums.moneysavingexpert.com/showthread.php?t=5748494

    adapt the linked template appeal and appeal each one as KEEPER , choosing INCORRECT INFORMATION

    do not reveal who was driving
    Last edited by Redx; 22-11-2017 at 7:56 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MACTHEKNIFE
    • By MACTHEKNIFE 22nd Nov 17, 7:51 PM
    • 4 Posts
    • 2 Thanks
    MACTHEKNIFE
    • #4
    • 22nd Nov 17, 7:51 PM
    • #4
    • 22nd Nov 17, 7:51 PM
    so basically just send them this (twice) without any further modification?



    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge, mainly for the following two reasons.

    You have failed POFA2012 due to late delivery of the NTK .

    Also Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled.

    Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than 250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



    Yours faithfully,
    • Redx
    • By Redx 22nd Nov 17, 7:56 PM
    • 16,936 Posts
    • 21,065 Thanks
    Redx
    • #5
    • 22nd Nov 17, 7:56 PM
    • #5
    • 22nd Nov 17, 7:56 PM
    NO

    I said ADAPT it , not send it "as is" , so it does need MODIFICATION

    remove the CLAUSE #13 GRACE PERIODS paragraph , then appeal twice on their website , once for each pcn ref , choosing KEEPER and the INCORRECT INFORMATION option out of the 2 options allowed

    they have failed POFA2012, not grace periods, and certainly not both
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • MACTHEKNIFE
    • By MACTHEKNIFE 22nd Nov 17, 8:13 PM
    • 4 Posts
    • 2 Thanks
    MACTHEKNIFE
    • #6
    • 22nd Nov 17, 8:13 PM
    • #6
    • 22nd Nov 17, 8:13 PM
    Thanks very much for this, very much appreciated. I’ll remove “Also Clause #13 of the BPA CoP......... “ Sorry for not fully understanding but I don't have any real legal knowledge. While I'm sure you are 100% CORRECT I was wondering if any other viewers of this submission disagree with or have any further amendments to your great and very speedy advice.

    Thanks again, it’s very much appreciated
    • Becks11
    • By Becks11 22nd Nov 17, 10:36 PM
    • 1 Posts
    • 0 Thanks
    Becks11
    • #7
    • 22nd Nov 17, 10:36 PM
    Highview Parking Fine Riverside Norwich
    • #7
    • 22nd Nov 17, 10:36 PM
    I have received a fine today for an alleged offence committed on 16 August. Looking at other comments, I am presuming this has been sent outside of the correct timeframe. Should I appeal?
    • KeithP
    • By KeithP 22nd Nov 17, 10:40 PM
    • 4,783 Posts
    • 3,129 Thanks
    KeithP
    • #8
    • 22nd Nov 17, 10:40 PM
    • #8
    • 22nd Nov 17, 10:40 PM
    I have received a fine today for an alleged offence committed on 16 August. Looking at other comments, I am presuming this has been sent outside of the correct timeframe. Should I appeal?
    Originally posted by Becks11
    Yes you should appeal.

    Have you read the NEWBIES FAQ sticky/pinned thread?
    It has full details about how to go about appealing.

    If you have any further questions, please can you start a new thread.
    Trying to address two issues on the same thread can only lead to confusion..
    .
    • Umkomaas
    • By Umkomaas 22nd Nov 17, 10:45 PM
    • 15,951 Posts
    • 24,742 Thanks
    Umkomaas
    • #9
    • 22nd Nov 17, 10:45 PM
    • #9
    • 22nd Nov 17, 10:45 PM
    Yet another wanton hijack. What’s wrong with people? Small wonder they ignore PPC signage as irrelevant.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Denise105
    • By Denise105 23rd Nov 17, 3:34 PM
    • 20 Posts
    • 6 Thanks
    Denise105
    Me too!
    I know it says not to reply about an separate issue on the same thread but I just wanted to say hi and that we also got a letter today, for Riverside, for the 9th August.

    I have appealed and stupidly said I was driving....
    • MACTHEKNIFE
    • By MACTHEKNIFE 6th Dec 17, 10:08 AM
    • 4 Posts
    • 2 Thanks
    MACTHEKNIFE
    Appeal reply
    It took a while but Highview came back today and advised after reviewing our data and in view of the representations made in connection with its issue, we can confirm that we have decided to cancel this Notice and no further action is to be taken



    Thanks for all the help with this.
    • Ralph-y
    • By Ralph-y 6th Dec 17, 12:48 PM
    • 2,393 Posts
    • 2,918 Thanks
    Ralph-y
    well done ....

    now ... if I may be so bold ....

    would you kindly consider .....



    this is a copy of a post by Bargepole ....

    "Some action at last:

    http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

    This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

    The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.

    Now would be a good time to write to your MP urging them to support it."

    good luck

    Ralph
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,653Posts Today

6,136Users online

Martin's Twitter
  • RT @bearface83: @MartinSLewis check out the @Missguided new 60% off offer. Upping the cost of items almost double to make us think it?s a?

  • RT @efitzpat: Thank you SO SO much @MartinSLewis for your Student Loans refund advice! I just got a grand refunded right before Xmas! Whoop?

  • Have a lovely weekend folks. Don't do anything (fiscally) that I wouldn't do!

  • Follow Martin